October 29, 2014: New York State Bar Association Publishes Book On Contract Law For Non-New York Attorneys

Lawyers in Japan, Brazil, Germany and elsewhere, when drafting contracts involving complex commercial transactions, often stipulate that the contracts will be governed by New York State law.

A new book, New York Contract Law: A Guide for Non-New York Attorneys will help international lawyers—and practitioners in the United States who are not located in New York—gain a greater understanding of New York contract law so they quickly can assess how a specific situation might affect their clients.

New York has a well-developed body of law concerning particular corporate transactions and documents, and this book addresses the points common to all contracts governed by New York law. It also highlights how New York contract law applies to the enforcement of contracts governed by New York law.

Published by the New York State Bar Association, it is the first practical, authoritative book to address the needs of non-New York lawyers dealing with New York contract law.

Glen Banks, the author and a partner in the New York office of Norton Rose Fulbright, is a recognized authority on New York contract law. He is the author of an earlier book, New York Contract Law, and has served as an expert witness on the subject in tribunals outside the United States.

New York Contract Law: A Guide for Non-New York Attorneys draws on Banks’ nearly 35 years of practice. “This is not an academic book. It addresses issues that I have encountered in my practice and questions posed by my colleagues in other countries,” he notes.

The book is written in an informal question-and-answer format that presents New York contract law in a way that it can be easily grasped. The last chapter offers tips on how to avoid pitfalls when drafting a New York “choice-of-law” contract.

Contracts involving large global transactions—whether for the sale of aircraft or a business—frequently contain a New York “choice-of-law” clause, because non-New York attorneys recognize that New York courts and arbitrators offer neutrality, fairness and stability, and are well-versed in international business and legal matters.

New York Contract Law: A Guide for Non-New York Attorneys is available in two formats: as a print book (which includes a CD containing the entire book in a searchable, pdf format); and as an e-book (which can be downloaded in pdf format.) To order, go to www.nysba.org/contractlaw2014/.

Former New York State Chief Judge Judith Kaye writes in the book’s foreword, “There are literally hundreds of questions, each in turn thoughtfully and articulately answered, supported by easily accessible references to New York law. What a resource for parties and counsel, however learned (or unlearned) in the law—even for judges—to be able to plunge right into a most nightmarish question at the heart of a dispute they are facing and learn the precise answer without plodding through a lot of preliminary turf.”

The 75,000-member New York State Bar Association is the largest voluntary state bar association in the United States. It has members in all 50 states, the District of Columbia, Puerto Rico and 120 countries. It was founded in 1876.